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(영문) 인천지방법원 2018.09.20 2017가단29032

근저당권설정등기말소등

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As to the real estate listed in the separate sheet Nos. 1 through 3 (hereinafter referred to as the “real estate Nos. 1 through 4 of the separate sheet”), on June 4, 2009, the registration of the establishment of the mortgage over the debtor, C, and the mortgagee of the right to collateral security, the maximum debt amount of KRW 400 million on July 7, 2009, and the registration of the establishment of the mortgage over the debtor, C, and the Defendant of the right to collateral security, respectively.

B. On February 17, 2010, the Plaintiff completed the registration of ownership transfer for the instant title 1 through 3 real estate from D on January 30, 2010, and the registration of ownership transfer for the instant title 4 real estate from E on February 26, 2010, respectively.

C. On February 26, 2010, the Plaintiff, in the future, completed the registration of creation of a mortgage over the Defendant, the maximum debt amount of KRW 400 million, the Plaintiff, the debtor, and the Defendant, the mortgagee, and the mortgagee.

On June 17, 2011, the Plaintiff completed a share transfer registration from F on June 13, 201 with respect to the share of 1/2 of the instant 2 real estate from F.

E. As to each of the instant real estate, the Defendant applied for the commencement of voluntary auction to the Incheon District Court G G, and the decision to commence voluntary auction was rendered on November 8, 2010.

However, the defendant withdrawn the application for voluntary auction on June 20, 201.

F. As to the real estate Nos. 1 through 3 of this case, the above registration office received on June 17, 201 from the above registration office as to June 17, 201, and the contract acquisition on June 15, 2011

With respect to the registration of creation of a mortgage consisting of the maximum debt amount of KRW 520,000,000 as stated in the subsection, the above registration was accepted by the registry on the same day, No. 42794, Jun. 15, 2011.

The registration of change of right to collateral security was made by changing each debtor from C to the plaintiff with respect to the registration of creation of mortgage over the maximum debt amount of 40 million won.

G. As to the real estate Nos. 2 and 4 of the instant case, the Incheon District Court’s registry office was No. 42796, Jun. 17, 201, thereby concluding an additional mortgage creation agreement on June 15, 201.